Vol. 3:2 Spring 2013

This paper considers that aspect of the jurisprudence of Article 6 of the European Convention on Human Rights 1950 that the European Court of Human Rights (ECtHR) now terms the “doctrine of appearances.” The doctrine achieved its current formulation and has specific application in the context of the national courts’ use of officials whose function it is to act as court advisors. Such officials now come within the ambit of the Article 6 fair trial prohibitions against bias with chilling consequences for an increased use of expertise in the courtroom. To the extent that its underlying assumptions reflect more general concerns with the legitimacy of judicial process which are, broadly speaking, common to jurisdictions drawing on the heritage of English common law, the doctrine may simply be seen as a contribution to what has been termed “public repute discourse” by reference to which courts seek to assert the legitimacy of judicial process, and is remarkable, if at all, for the unusual nature of its formulation and the specific or indeed idiosyncratic nature of the nationally-specific judicial procedures which are its matrix.

Greece’s economic crisis forecasts a bleak future for those already referred to as the “lost generation.” This generation came of age during the optimism of Greece’s European prosperity, yet now is regarded as a casualty of the Eurozone debt crisis which has shattered the country’s prospects and psyche. Under such traumatic conditions it should come as no surprise that political violence in the streets has become a common occurrence. Nor should the leap from political violence to resurgent terrorist activity be unexpected under these circumstances, especially given the revolutionary strains so recognizable in Greece’s political culture.

Andreas Borgeas is the Professor of International and Comparative Law at the San Joaquin College of Law. Professor Borgeas conducted research for this article in part while a Fulbright Fellow in Greece, a Contributing Scholar for the Woodrow Wilson International Center for Scholars and a Visiting Fellow at the Hellenic Centre for European Studies. He would like to extend deep appreciation to his beautiful family – Anna, Aleko and Aris Borgeas, the Kanarakis family, the Fulbright Foundation in Greece, and to Professor Kosta Ifantis of the National and Kapodistrian University of Athens. Without their support and encouragement this article would not have been possible. Appreciation is also extended to the editorial staff who independently contributed some of the sourcing support for this article.

In a letter dated January 22, 2009, the Palestinian National Authority (“PNA”) recognized the International Criminal Court’s (“ICC”) jurisdiction over acts committed on Palestinian territory. By that time, Palestinians had sent over 200 complaints alleging that the Israeli military committed war crimes during Operation Cast Lead, including illegally using white phosphorous in densely populated areas of Gaza. The PNA requested that the ICC prosecutor investigate these allegations as well as all other allegations of Israeli war crimes dating back to July 1, 2002. The accusations were further examined in a UN investigation led by Richard Goldstone, an investigation which revealed that both Israeli forces and Hamas militants had engaged in war crimes.

Zachary Saltzman is a graduate of Michigan Law School 2012 and Associate at a New York City law firm. I am grateful to my peers at Michigan Law School who provided valuable feedback. I also want to thank my wife and brother for editing and critiquing my argument.

The United States Department of Justice appears to have made a huge blunder with the prosecution of Alfonso Portillo (“Portillo”), the former President of Guatemala. Although Portillo was indicted and arraigned in the Southern District of New York, the United States government initially flew him to Teterboro Airport in New Jersey. According to the New York Times, Portillo was flown into New Jersey on the Friday before Memorial Day weekend and he remained there until the following Tuesday, when he was ultimately placed before Judge Robert P. Patterson of the United States District Court of the Southern District of New York, for arraignment. This weekend sojourn in New Jersey may prove to be a procedural misstep with huge consequences. The stopover in Teterboro could preempt venue from attaching in the Southern District of New York, which may result in the dismissal of the indictment in its entirety.

Michael S. Weinstock operates the Law Offices of Michael S. Weinstock LLC. He is a former New York City prosecutor and graduate of St. John’s School of Law. He wishes to express his deep appreciation to the late Patrick J. Rohan, the former dean of the law school, for his friendship and support. In the interest of full disclosure, it should be noted that much of this article was drafted and successfully utilized as a Memorandum of Law in the case of United States v. Dalnave Navigation Inc. (Crim. No. 09-130). Brian McCarthy, Esq. and Michael Chalos, Esq. of the law firm Chalos and O’Connor were both integral in drafting the initial Memorandum.

Between 2000 and 2010, United States citizens adopted over 200,000 children from other countries. War, poverty, and disease all contribute to the overwhelming number of orphaned children worldwide. In addition, as the social framework of America changes, the popularity of international adoption has grown. Unfortunately, with the increasing number of intercountry adoptions, a black market of baby selling and child trafficking has emerged. In response to the growing concern over corruption and abuse in international adoption systems, the international community developed the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (“Hague Convention”) in 1993. The Hague Convention was designed to provide a uniform legal framework for international adoption that focuses on the best interests of the children.

Sarah Baird is a J.D. 2013 graduate of St. John’s University School of Law; B.A., 2007, Binghamton University. The author thanks her family and friends for their love and support. Special gratitude is given to Michael Weglinski for his patience and motivation throughout this process. This article is dedicated to pipeline families around the world – may you be united safely and swiftly.

A copyright creates exclusive rights to a literary and artistic work that is original. Copyrights are territorial by nature: there is no grant of copyright protection that extends worldwide. Nevertheless, an international copyright regime has developed, consisting of bilateral copyright treaties and multilateral copyright conventions that now protect the expression of ideas far beyond their country of origin.